Condiciones generales de venta

2.1 Gallagher offers the Product in conjunction with a mandatory monthly subscription for the use of the Software. A single Agreement is concluded with regard to the Product and the use of the Software.

2.2 The Product and Software are further specified in the offer made to the Customer and the technical documentation provided with it or accessible through Gallagher’s online webshop.

2.3 The Product and Software enable the Customer to monitor, measure and analyze its horse(s) in order to improve the performance of its horse(s).

2.4 A consumer within the meaning of these Terms is a natural person who does not act in the course of a profession or business.

Article 3 Terms

3.1 These Terms apply to every offer made by Gallagher and to every Agreement concluded, insofar as these Terms have not been expressly deviated from in writing.

3.2 These Terms can also be consulted on Gallagher’s online webshop via the website www.mycoho.eu.

3.3 The applicability of any general or specific terms and conditions or stipulations of the Customer, under whatever name, is expressly rejected.

3.4 Gallagher is entitled to amend these Terms. Amendments will take effect on a date determined by Gallagher, at least one (1) month after publication. If the Customer does not agree with the amendments, the Customer has the right to terminate the Agreement, as of the date on which the amended Terms come into force, until the amendments come into force.

Article 4 Formation of the agreement

4.1 All information on Gallagher’s website is without obligation and the mention of the Product and Software is merely an invitation to make an offer to enter into an Agreement. This also means that any incorrect information on Gallagher’s website cannot lead to any obligation or liability on the part of Gallagher, and that due to technical limitations in the display, the Product and Software ordered may reasonably deviate slightly from what is displayed on the website.

4.2 The Agreement between Gallagher and the Customer is concluded at the moment the Customer accepts the offer and the Customer’s payment or authorization of the direct debit of the payment of the agreed price, including any shipping costs, has been received by Gallagher. The Customer will promptly receive an order confirmation.

Article 5 Delivery

5.1 Delivery of the Product will take place in the manner agreed upon when placing the order on Gallagher’s Coho website.

5.2 If the Product is not in stock at the time of ordering, Gallagher will immediately order the necessary parts and produce new stock. This will be communicated to the customer without delay, including the expected delivery date.

Article 6 Transfer of Risk

6.1 The risk of sold the Product passes to the Customer at the time of handover of the Product by the transport service or by Gallagher’s dealer.

6.2 The situation in which the Customer is in default of acceptance is equated with the transfer for the transfer of risk.

Article 7 Retention of Title

7.1 As regards consumers, Gallagher remains the owner of the Product until the purchase sum has been paid in full by the Customer. As regards entrepreneurs, Gallagher remains the owner of the Product until all the receivables from the current business relation have been paid in full.

7.2 In the event of non-compliance with the Agreement by the Customer, in particular in case of a payment default, or a suspension of payments or insolvency, Gallagher will be entitled to dissolve the Agreement and to reclaim the Product, insofar as the Customer has not yet (fully) paid the consideration.

Article 8 Product Installation

8.1 Before the Product is installed by the Customer, the Customer shall ensure that it has the consent of the owner and, if different, the user of the Location for the placement of the Product. The Customer will also notify the owner and, if different, the user of the Location that they will have access to the same information as the Customer upon request to Gallagher through an account on the Software. Gallagher will, in principle, comply with this request, unless there are good reasons not to do so.

8.2 In the event of a change of Location, the Customer will only be entitled to reinstall the Product at another Location after obtaining the latter’s consent.

8.3 After permission from the (new) Location, the Product will be installed in the box where the horse(s) is located.

8.4 The Customer is required to put up a clearly visible sign stating that the Location is under video surveillance. This sign must be put in a place where it is clearly visible to anyone entering the Location.

8.5 The Customer is responsible for informing all those involved (e.g. employees, visitors) of the presence of video surveillance.

Article 9 Software subscription

9.1 Part of the Agreement is a subscription for the use of the Software.

9.2 The subscription starts on the date of receipt of the order for the Product by Gallagher. The subscription is entered into for the duration stated in the online webshop and in any case amounts to at least six months.

9.3 The fee for the subscription will be invoiced monthly in advance. The calendar months are counted from the day of the start of the subscription. Each month started is due as a full month by the Customer, with the exception of the first month of the subscription which the Customer will pay on a pro rata basis.

9.4 The fee is fixed in euros or in the applicable local currency and includes (if applicable) statutory sales tax.

9.5 The subscription is tacitly renewed for the duration of each of the initial periods stated at the time of entering into the Agreement, unless the subscription is terminated by the Customer in writing at the end of a period, with due observance of a notice period of one (1) month before the tacit renewal date.

9.6 With regard to consumers, the subscription will be tacitly renewed for an indefinite period after the expiry of the initial period stated at the time of entering into the Agreement, with the consumer being able to cancel the subscription on a monthly basis.

9.7 An early cancellation of the subscription by the Customer does not entitle the Customer to a full or partial refund.

Article 10 Right of withdrawal for consumers

Consumers have the option described here below to dissolve the agreement (which description also applies as instruction). In this article, «dissolution» is understood to mean only dissolution by a consumer on the basis of Article 6:230o ff BW (Dutch Civil Code).

You can dissolve the Agreement within 14 days without stating your reasons. The dissolution term expires 14 days after the date when you or a third party designated by you (but not the carrier) has received the ordered Product (or the last Product/dispatch/parts of the Product ordered in one order).

The dissolution right referred to here can be exercised by means of an unambiguous statement (for example in writing by letter, fax or email), or – if the Product was delivered to you before expiry of the term – by returning the Product. You can use the form found on our website for a written dissolution statement, but you are not obliged to use this.

Unless Gallagher has offered to collect the Product, the consumer, in the event of a legal dissolution, must send or hand in the Product with all attributes, in its original state and packaging to Gallagher or the Gallagher dealer via which the Hardware was received immediately, and in any case within fourteen days of issuing the dissolution statement. The dissolution statement or returned Product must be addressed to:

GALLAGHER EUROPE B.V.

Bornholmstraat 62A

9723 AZ GRONINGEN

Tel. 0031 (0)50 368 31 00

Fax 0031 (0)50 368 31 86

E-mail:onlineservice@gallagher.eu

If the Product is suitable for dispatch as a postal parcel, its return is at our risk. The immediate costs for returns will be at your expense if the delivered Product corresponds to the order and the price of the Product to be returned does not exceed € 40 or, in case of a higher price, if you had not yet paid the relevant consideration or agreed partial payment at the time of the dissolution. In all other cases, the return will be at no cost. Products that are not suitable for parcel post will be collected from you.

The consumer will handle the Product and packaging carefully during the reflection period. He will unpack or use the Product only insofar as such is necessary in order to assess whether he wishes to keep the Product. Following the legal dissolution of the agreement, Gallagher will refund immediately, within fourteen days of the date when it has received the dissolution statement, all the amounts paid by the consumer, including the delivery costs. Unless Gallagher has offered to collect the Product or have it collected by a dealer, the consumer cannot demand a refund until after Gallagher or the dealer has received the Product, or the consumer has demonstrated that he has returned the Product, depending on which occurred first.

If you are unable to return to us in full or in part the received Product and benefits (such as the user benefit) after legal dissolution, or can only return them in a deteriorated condition, you must pay the difference to us. As regards any deteriorated condition of the Product and any derived benefit, you will be obliged to pay only insofar as the use of the product goes beyond investigating the properties and functioning of the Product. «Investigating the properties and functioning» is understood to mean testing and trying out the relevant product, as is common practice, for example, in a shop. Model withdrawal form (pdf)

Article 11 Intellectual

11.1 The Product and Software are the exclusive property of Gallagher and are protected by national and international laws applicable to intellectual property.

11.2 The Customer does not acquire any intellectual property rights in the Product and Software, and the Customer has no rights other than those expressly granted under the Agreement or these Terms.

Article 12 Guarantee

12.1 Gallagher and the Customer acknowledge that the Product is an innovative solution that analyses the horse’s environment in real time, but which in no way replaces expert advice regarding the physical condition of the Customer’s horse(s).

12.2 Gallagher provides a warranty on the Product and Software in accordance with the warranty provisions provided with the Product. Any further legal obligations are excluded to the extent permitted.

Article 13 Liability

13.1 Gallagher’s liability under the Agreement is limited to compliance with the obligations described in the Agreement, including the warranty obligation referred to in the previous article.

13.2 Our liability never includes any trading loss or other indirect damage, such as loss of profit or time spent.

13.3 In particular, liability is excluded in the event of:

Data loss;
Use of the Product in an environment or in a configuration that does not comply with Gallagher’s recommendations;
Interruption of the Software;
Interruption of the Customer’s Internet Network
The occurrence of technical problems at the Customer’s premises;
A cyberattack;
An accident with the horse, or any other animal or human, during the use of the Product and the Software.

13.4 Gallagher is liable only for its own content on the website of its online shop.

Where links offer access to other websites, Gallagher will not be liable for the content of third parties on those websites. Gallagher does not adopt the content of third parties as its own content. If Gallagher becomes aware of illegal content on external websites, it will block access to those websites immediately.

13.5 The exclusions and limitations of liability stipulated in the preceding paragraphs are also stipulated with regard to and for the benefit of our subordinates and any other person used by Gallagher for the purpose of the Agreement, as well as those persons from whom Gallagher obtains products and/or parts, such also when wilful misconduct or gross negligence are involved.

13.6 The exclusions and limitations of liability in the preceding paragraphs do not apply to statutory product liability as arising from Council Directive 875/374/EEC, as amended and replaced afterwards and incorporated in the law of the Netherlands.

Article 14 Data processing

14.1 Gallagher processes the Customer’s personal data in accordance with the Privacy & Cookie Statement published on its website. Gallagher will observe the applicable privacy regulations and legislation.

14.2 The Customer expressly agrees that Gallagher may use the data collected during the use of the Product for analysis, development and communication purposes, including providing this data to third parties if this is necessary for the performance of the Agreement.

Article 15 Language

15.1 These Terms have been drawn up in a Dutch, an English, a French and a German text. In case of any (possible) difference between these texts, the Dutch text shall be decisive for Agreements with a Customer who has his principal place of business or residence in the Netherlands or acts from an establishment in the Netherlands, while the English text is decisive for Agreements with a Customer who has his principal place of business or residence outside the Netherlands or acts from an establishment outside the Netherlands.

Article 16 Other provisions

16.1 If one or more provisions of the Agreement or these Terms are or become null and void or not legally valid, the Agreement and the Terms shall otherwise remain in force. Gallagher and the Customer shall consult on the provisions that are void or become invalid in order to reach a replacement arrangement.

Article 17 Disputes and applicable law

17.1 The Agreement and the Terms are exclusively governed by Dutch law. The possible applicability of the Vienna Sales Convention and foreign law is expressly excluded. This choice of law does not apply to consumers in so far as it would deprive them of the protection they are entitled to by provisions of mandatory law of the country in which the consumer has his habitual residence.

17.2 All disputes between Gallagher and the Customer arising from or related to the Agreement may be submitted in the first instance exclusively to the competent District Court of the Northern Netherlands, location Groningen.